4.  The applicant was born in 1959 and lives in Höchst. He is a farmer.
5.  On 18 July 1996 H., an officer of the Bregenz Works Inspection (Arbeitsinspektorat) inspected the applicant’s farm and found two persons of presumable Polish nationality who were working there. When asked for their passports both absconded. Upon request the applicant admitted that they were living at his farm.
6.  On 21 July 1996 J.Z., one of the two workers declared before H. that he had “helped” at the applicant’s farm for five days and had received a sleeping opportunity and food in return. He confirmed this statement in writing.
7.  On 20 August 1996 the Works Inspectorate submitted a report to the Bregenz District Administrative Authority (Bezirkshauptmannschaft) in which it stated that the applicant had illegally employed a foreigner at his farm.
8.  Thereupon, the District Administrative Authority opened administrative criminal proceedings against the applicant under the Aliens’ Employment Act (Ausländerbeschäftigungsgesetz) and, on 16 September 1996, invited the applicant to comment on the charge against him (Aufforderung zur Stellungnahme). On 3 October 1996 the applicant submitted his comments.
9.  On 23 June 1997 the District Administrative Authority convicted the applicant of an offence under the Aliens’ Employment Act and sentenced him to pay a fine of ATS 15,000 (approximately 1090 €) and the costs of the proceedings. It found that the applicant had employed a foreigner who had no working permit.
10.  On 27 June 1997 the applicant appealed against this decision with the Vorarlberg Independent Administrative Panel (Unabhängiger Verwaltungssenat).
11.  On 20 November 1997 the Independent Administrative Panel held a public hearing and heard H. Upon the applicant’s request it further decided to hear J.Z. by way of letters rogatory (im Rechtshilfeweg). In the subsequent proceedings it turned out, however, that it was not possible to hear J. Z, who was residing in Poland, by letters rogatory as there existed no legal assistance treaties with Poland concerning administrative criminal proceedings. On 31 August 1998 the Independent Administrative Panel wrote a letter to J.Z. at his address in Poland and requested him to answer several questions relating to the proceedings pending against the applicant. J.Z. did not reply. On 3 November 1998 the Independent Administrative Panel informed the applicant that it had not been possible to hear J. Z. and that the applicant had now the opportunity to produce further evidence to disprove the charges of the Works Inspectorate.
12.  On 11 January 1999 the Independent Administrative Panel dismissed the applicant’s appeal. It based its decision upon the evidence given by H. It further noted that this evidence was corroborated by J. Z.’s written statement of 21 July 1996, the fact that J. Z. had absconded and the applicant’s first statement before the Works Inspectorate in which the applicant had even denied that there was a Polish person on his farm.
13.  On 2 March 1999 the applicant filed a complaint with the Constitutional Court against this decision. On 14 June 1999 the Constitutional Court refused to deal with the complaint for lack of prospects of success and, on 21 August 1999, upon the applicant’s request, transferred the case to the Administrative Court.
14.  On 29 October 1999 the applicant supplemented his observations with the Administrative Court and requested an oral hearing. On 25 November 1999 the IAP submitted its comments on the applicant’s complaint.
15.  On 22 January 2002 the Administrative Court dismissed the applicant’s complaint. This decision was served on the applicant’s counsel on 20 February 2002.